Car Promise from Uncle

chesky

... after his death the car was mine ,,,
So it wasn't gifted to you. It seems that the executors aren't terribly knowledgeable about wills and probate - and why should they be. But this means you really have to take the bull by the horns and ask them to make their feelings clear to the solicitor, sooner rather than later.

getmore4less

This will fall into the category call deathbed gifts.

google Donatio mortis causa

Valid Deathbed Gifts

Donatio mortis causa or “deathbed gifts” will be valid in law when three conditions are met :

1. The donor of the gift contemplates his or her impending death.
2. The gift is to take place when the contemplated death occurs and until then the donor can revoke the gift.
3. The donor gives “dominion” over the asset i.e. hands over the assets or items that indicate ownership of it.

Of the 3 tests the 3rd seems to have failed unless he gave or said you could have the keys now(in the absence of a V5) or some other indicator of ownership.


Going forward

How much is the car worth,

The easiest thing to do is you take ownership of the car.

The rest is a paper exercise dealing with asset value and distributions.
this can be adjusted by DOV or much simpler a few small gifts from the other beneficiaries from their share of the rest of the estate(unless this car is a relatively large part of the estate).

Malthusian

OP: Do you know who the solicitors dealing with the estate are? If you feel socially uncomfortable about asking the beneficiaries, then give the solicitor a ring and ask them instead. They may not be able to discuss much with you but it should at least give you peace of mind that the solicitor is actually aware of the need for a DOV.

If a DOV is not completed, then if the beneficiaries are still willing to fulfil your uncle's wishes, whoever ends up with the car can simply hand it over.

This "deathbed gift" thing is a non-starter if it came to that. As getmore4less says, the third legal test fails because the uncle didn't hand over the keys or the logbook. Just as importantly, if the beneficiaries changed their mind and decided to hang on to the car, you would have to take them to court, and you have no proof at all that this conversation with your uncle took place.

But there is of course no reason to believe it will come to that and that the beneficiaries will renege on their promise to hand over the car. This board just makes us cynical.

6Stringer

My Uncle gave me the spare key to his car and told me to hold onto it. I still have the key.

I live in a small town and i believe my Uncle made his will with the local solicitor. I might just drop in to see the solicitor just to make him aware of the situation.

The car is worth £7000 roughly.

getmore4less

6Stringer wrote: »

My Uncle gave me the spare key to his car and told me to hold onto it. I still have the key.

I live in a small town and i believe my Uncle made his will with the local solicitor. I might just drop in to see the solicitor just to make him aware of the situation.

The car is worth £7000 roughly.

That could fill the requirement of the gift.

Be simpler all round as everyone agrees to treat it as a gift.

It does not change any IHT just where the asset sits on the forms.

maximumgardener

just a thought for OP.......

check out the ownership of the car ?

its common for cars to be acquired on pcp payment plans . In which case the car belongs to a finance company until a final payment is made.

this situations is quite common .....so just check it out with solicitor /executors if yo can

6Stringer

Car was paid for with cash and so definitely was owned by my Uncle.

It has been many weeks now. On a separate issue, probate has now been granted. I have asked several times to see a copy of the will and the executors have promised to deliver it to me several times but have yet to do so. Should i be worried?

Marcon

6Stringer wrote: »

Car was paid for with cash and so definitely was owned by my Uncle.

It has been many weeks now. On a separate issue, probate has now been granted. I have asked several times to see a copy of the will and the executors have promised to deliver it to me several times but have yet to do so. Should i be worried?

Just download a copy of the will for £10: https://www.gov.uk/wills-probate-inheritance/searching-for-probate-records

6Stringer

Thanks for the reply Marcon. I have received a copy of the Will now from the executors.

My Uncle did leave me his car and it is clearly stated in his Will. It was added after the original will was made because the entry was hand written(not typed as in the rest of the Will) and then initialed by my Uncle and 2 witnesses. Why the executors did not just tell me the car was left to me in the Will in the first place i have no idea.:undecided:undecided

I downloaded a copy of the Probate form too. Am i correct that the net figure on said form is the value of his estate minus liabilities(creditors, debts etc.) at the time of his death? The Will states that all residual beneficiaries receive an equal share. There are 4 of us. I should expect a quarter of the net figure on the Grant of Probate form then. Is this correct?

I understand that as a residual beneficiary i am entitled to see the Estate Accounts. This makes sense, otherwise, how would i know the value of the estate in the first place. I know it is on the Grant of Probate form but that figure is just an estimate is it not? My Uncle's property might be sold for more or for less etc.

Thanks for reading this quite long post.

6Stringer

Also, the number of my house is wrong in the Will. Does this make any kind of difference other than correspondence being sent to the wrong address? When Probate has been completed do the executors send me a cheque or is it sent by the Solicitor who draughted the Will? Thanks in advance.